Matter of Civil v Estinvil
Motion No: 2023-06535
Slip Opinion No: 2024 NY Slip Op 65104(U)
Decided on April 1, 2024
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M295360

AFA/

BETSY BARROS, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

HELEN VOUTSINAS, JJ.

2023-06535

In the Matter of Marjorie Civil, respondent,

v Frantzo Estinvil Sr., appellant.

(Docket No. U-12016-2021)

DECISION & ORDER ON MOTION

Appeal by Frantzo Estinvil Sr. from an order of the Family Court, Queens County, dated June 16, 2023. By order to show cause dated January 5, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated August 11, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 11, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

BARROS, J.P., IANNACCI, WOOTEN and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court